April 2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Wapello County, William Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Tabor, P.J., Ahlers, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (5 pages)

            A mother appeals the juvenile court order terminating her parental rights.  OPINION HOLDS: The court properly denied the mother’s request for an extension of time to work on reunification, as she made very little, if any, progress and it is unlikely the need for removal would no longer exist after six months.  Also, termination of the mother’s parental rights is in the children’s best interests.  We affirm the decision of the juvenile court.

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge, and Linda M. Fangman, Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Considered by Greer, P.J., Schumacher, J., and Scott, S.J.  Opinion by Scott, S.J.  (9 pages)

            A mother appeals the adjudication of her children, born in 2016 and 2019, as in need of assistance, pursuant to Iowa Code section 232.2(6)(c)(2) and (n) (2020), as well as their continued removal following disposition.  OPINION HOLDS: We affirm adjudication of the children under section 232.2(6)(c)(2) but reverse adjudication under section 232.2(6)(n).  We affirm the juvenile court’s order for continued removal at the time of disposition.

            Appeal from the Iowa District Court for Webster County, Joseph L. Tofilon, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., Schumacher, J., and Blane, S.J.  Opinion by Blane, S.J.  (9 pages)

            A mother appeals the termination of her parental rights to two children, challenging the statutory grounds for termination, the best-interests determination, and denial of her request for a six-month extension.  OPINION HOLDS:  Due to the mother’s persistent substance-abuse condition, there are no grounds for reversal of termination, so we affirm. 

            Appeal from the Iowa District Court for Pottawattamie County, Scott Strait, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (9 pages)

            A mother appeals the district court order terminating her parental rights.  OPINION HOLDS: We find the termination of the mother’s parental rights is supported by the evidence, the State engaged in reasonable efforts to reunite the mother and child, termination is in the child’s best interests, and an exception to termination is not warranted in this case.  We affirm the district court.

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (8 pages)

            The mother appeals the termination of her parental rights.  OPINION HOLDS: Even without considering exhibits the mother now asserts are inadmissible on hearsay and lack-of-foundation grounds, we find a statutory ground for termination is satisfied and additional time for reunification is not appropriate.  We also find no abuse of discretion in the juvenile court’s decision denying the mother’s motion to reopen the record.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Mullins, JJ.  Opinion by Bower, C.J.  (7 pages)

            A mother appeals the termination of her parental rights to J.M., born in 2019, pursuant to Iowa Code section 232.116(1)(h) (2020).  She contends the court should have granted her an additional six months to reunite with the child, the child could be returned to her care with supervision, and termination of her rights is not in the child’s best interests.  OPINION HOLDS: Because the child cannot be returned safely to the mother’s care and termination is in the child’s best interests, we affirm.